Balasubramani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.09.2024

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.23469 of 2024

1. Balasubramani, S/o.Chinnavar

2. Sivamani, S/o.Muthuratham ... Petitioners Vs State rep. by:- The Inspector of Police, PEW, Erode Police Station, Erode District.

... Respondent [Cr.No.646 of 2024] PRAYER: - Criminal Original Petition filed under Section 483 of The Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant bail to the petitioner/Accused in Crime No.646 of 2024 on the file of the respondent police.

For Petitioner : Mr.B.Aravinthan For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) 1/6

ORDER

The petitioners/Accused, who were arrested and remanded to judicial custody on 15.08.2024 for the offences punishable under sections 8(c), r/w.20(b)(ii)(B) Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.646 of 2024 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 15.08.2024, the respondent police was conducted check up, at that time, they found the petitioners and other accused person in illegal possession of 2Kg.300grams of ganja. Hence, the complaint.

3. The learned counsel for the petitioners would contend that these petitioners not at all connected or involved in the said offence. These petitioners have been falsely implicated in this case. These petitioners are innocent persons and they have nothing to do with the commission of alleged offences and they are ready to abide by any condition imposed by this Court. Hence, he seeks bail to the petitioners. 2/6

4. The learned Government Advocate (Criminal Side) would submit that the respondent police found the petitioners and other accused person in illegal possession of 2Kg.300grams of ganja. These petitioners are having some previous cases, in all those cases, they were arrested and subsequently released on bail. These petitioners were arrested and remanded to judicial custody on 15.08.2024. However, the learned Government Advocate (Criminal Side) is strongly opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and considering the nature of offence and the quantity of contraband involved in this case is not comes under the commercial quantity and these petitioners are having some previous cases, in all those cases, they were arrested and subsequently released on bail and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

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[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Erode and on further conditions that:

[b] the petitioners shall report before the Special Court for EC & NDPS Act Case, Erode District on every working day at 10.30a.m. until further orders;

[c] the petitioners shall attend in accordance with the conditions of the bond;

[d] the petitioners shall not commit any offence similar to the offence of which they are accused; or suspected, or of the commission of which they are suspected; and 4/6

[e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissaude him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] the petitioners shall not abscond either during investigation or trial;

[g] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

24.09.2024 index: Yes/No Internet: Yes/No Speaking/Non Speaking order gvn 5/6

P.DHANABAL ,J gvn To 1.The Judicial Magistrate No.II, Erode.

2. The Special Court for EC & NDPS Act Cases, Erode District.

3. The Inspector of Police, PEW, Erode Police Station, Erode District.

4. Central Prison, Coimbatore.

5.The Public Prosecutor, High Court, Madras.

CRL.OP.No.23469 of 2024 24.09.2024 6/6